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29 Oct 2019, 7:20 am by Joel Goldstein
CARCO replies that the English doctrine is more nuanced; that English law does not automatically receive deference in maritime matters, especially when United States law governs, as is the case here; and that it is not clear that English law would be inconsistent with the 5th Circuit’s due-diligence approach. [read post]
29 Jul 2011, 11:01 am by Howard Knopf
For example, because the USA has its famous “absence of malice” defence based upon the landmark New York Times v. [read post]
2 Jul 2008, 8:07 pm
Or in any published or unpublished judicial decision in the United States. [read post]
23 Mar 2007, 1:30 pm
I'm talking English and citing cases and understand precedent and the like, so I am "competent" in a way. [read post]
11 Jan 2010, 3:16 pm
Even though Ibarra speaks Spanish, he repeated his request in English. [read post]
5 Mar 2021, 1:02 pm by INFORRM
‘The defendant’s submission on this point does not seem to me to belong to the real world of this litigation,’ it states. [read post]
2 Dec 2019, 12:23 am
Second, the Paris Court sets forth that an anti-suit injunction by an EU member state against the courts of another member state would be contrary to public policy (ordre public), because of the "mutual trust in the judicial systems of EU member states" (see CJEU C-159/02 – Turner/Grovit). [read post]
28 May 2011, 10:04 am by David Hart QC
” This principle was then fleshed out in Prebble v Television New Zealand Ltd [1995] 1 AC 321 : …the courts and Parliament are both astute to recognise their respective constitutional roles. [read post]
4 May 2020, 7:11 am by CMS
The CAT ruled that this approach, which did not pay heed to individual spending habits and therefore harm suffered, offended the English law approach of awarding damages on a compensatory basis. [read post]
3 Aug 2020, 4:25 pm by INFORRM
The judgment was against Middle East Online Limited, a company responsible for the publication of an online news website publishing news items in English and Arabic, and its editor ([2020] EWHC 1992 (QB)). [read post]